Pappu vs State Of U.P.
2023 Latest Caselaw 25491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180940
 
Court No. - 48
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37939 of 2023
 
Applicant :- Pappu
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Ram Singh Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

This is second bail application. First bail application was rejected on 09.03.2022 by a reasoned order.

The applicant has again approached this Court by way of filing the Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.181 of 2021, under Sections 302, 120-B IPC, Police Station - Marhara, District - Etah.

This Court has sought status report of trial from the concerned Sessions Court. A report dated 15.09.2023 has been placed on record which indicates that out of proposed 5 prosecution witnesses, one has been examined and trial could be concluded within a period of six months.

Sri Ram Singh Kushwaha, learned counsel for applicant submits that subsequently co-accused-Premwati has been granted bail, however, Sri Ashish Kumar Ojha, learned Brief Holder for State submits that the reason given therein are not in terms of judgment passed by Supreme Court in the case of Manoj Kumar Khokhar vs. State of Rajasthan and Anr. (2022)3 SCC 501 and Brijmani Devi vs. Pappu Kumar (2022) 4 SCC 497.

I have perused the record as well as taking note of the status of trial as well as that subsequent bail granted to co-accused was not accompanied by reasons in terms of Manoj Kumar Khokhar and Brijmani Devi (supra). I do not find any ground to allow this bail application, however, learned Trial Court is directed to conclude the trial expeditiously, preferably within a period of 8 months from today.

With the aforesaid direction, this application is disposed of.

Order Date :- 19.9.2023/P. Pandey